Syracuse Law Faculty Articles

NEW FACULTY ARTICLES Recent work by College of Law faculty published in highly respected law journals is influencing legal scholarship and policy debates in national security, immigration law, law and economics, environmental law, international law, legal ethics, and more.

William C. Banks on cyber espionage in

Emory Law Journal Lauryn Gouldin on flight risk in

University of Chicago Law Review Andrew Kim on deportation deadlines in

Washington University Law Review Nina Kohn on guardianship in

Washington Law Review Kevin Maillard on fathers’ rights in

Fordham Law Review C. Cora True-Frost on the ICC prosecutor in

Florida State University Law Review More articles and summaries inside

“Pretrial reform efforts must address a fundamental definitional problem: the collapsing of very different types of behavior that result in failures to appear in court into a single, undifferentiated category of nonappearance risk.”

—Lauryn Gouldin in University of Chicago Law Review

Recent journal publications by Syracuse University College of Law faculty include …

“The Aftermath of Indiana v. Edwards: Re-evaluating the Standard of Competency Needed for Pro Se Representation.” Baylor Law Review 68 (2016). By Todd Berger.

In ruling that the due process right to a fair trial requires a heightened standard of representational competence, the Supreme Court abrogated Godinez v. Moran.

“The Constitutional Limits of Client-Centered Decision-Making.”

University of Richmond Law Review 50 (2016). By Todd Berger.

Balancing the client-centered lawyer’s deference to his or her client’s wishes against meaningful adversarial testing of a prosecution’s case.

“Crown and Constitution (Review of The Royalist Revolution by Eric Nelson).”

Harvard Law Review 128 (2015). By Tara Helfman.

Reviewing a contribution to the understanding of the Article II powers of the Presidency, which found their earliest iteration during the imperial crisis of the 1760s and 1770s.

“Cyber Espionage and Electronic Surveillance: Beyond the Media Coverage.”

Emory Law Journal 66 (2017). By William C. Banks.

Concerns about overbroad surveillance and cyber espionage present an opportunity to bring more rationality, predictability, and privacy protections to the cyber domain.

“Defining Flight Risk.”

University of Chicago Law Review 85 (forthcoming 2017). By Lauryn Gouldin.

A taxonomy of pretrial appearance risks that distinguishes true flight risk from other forms of local nonappearance risk.

“Deportation Deadline.”

Washington University Law Review 95 (forthcoming 2017). By Andrew Kim. A consideration of arguments for a statutory deadline on deportations.

“Disentangling Flight Risk from Dangerousness.”

Brigham Young University Law Review 3 (2016). By Lauryn Gouldin.

The conflation of flight risk and danger must be re-considered in reform efforts seeking to shrink the population of pretrial detainees and fix the broken money bail system.

“The Dread Pirate Who? Challenges in Interpreting Treaties and Customary International Law in the United States.”

Tulane Law Review 90 (2016). By Tara Helfman.

Examining the unique constitutional challenges presented by recent piracy cases in the United States and offering a new approach to piracy jure gentium.

“Given the relationship between hearing loss and other medical problems, it is critical to develop advocacy strategies to assist seniors forced either to pay for hearing aids out of pocket or to simply go without.”

—Mary Helen McNeal in Harvard Journal on Legislation

“Persons subject to guardianship must be able to engage attorneys to represent them in challenging the terms, conditions, and existence of their guardianships if their fundamental due process rights are to be respected.”

—Nina Kohn in Washington Law Review

“The Economic/Noneconomic Activity Distinction Under the Commerce Clause.”

Case Western Reserve Law Review 67 (2016). By David Driesen.

Analysis of United States v. Lopez and United States v. Morrison and the ways these decisions offer guidance about what constitutes “economic” and “noneconomic” activity.

“Lawyers for Legal Ghosts: The Legality and Ethics of Representing Persons Subject to Guardianship.”

Washington Law Review 91 (2016). By Nina Kohn (with Catheryn Koss).

Legal representation of persons subject to guardianship is not merely legally permissible but essential to protect fundamental constitutional rights.

“The Means and Ends of Pollution Control Law: Toward a Positive Theory of Environmental Law.” Utah Law Review 57 (2017). By David Driesen.

A well-developed positive theory of environmental law is needed for an informed debate about which reforms would improve it and which would make it worse.

“New Generation Foreign Intelligence Surveillance Law: Renewing 702.”

University of Richmond Law Review 51 (2017). By William C. Banks.

How and why did the FAA’s authorization of bulk collection of content in §702 come about, and what issues will be considered for its renewal and reform?

“Normalizing Fathers’ Rights.”

Fordham Law Review (forthcoming 2017). By Kevin Maillard.

Newly inclusive concepts of family construction demand a transformation of statutory frameworks that shape our collective understanding of reproduction and kinship.

“Redefining Reasonable Seizures.”

Denver Law Review 93 (2015). By Lauryn Gouldin.

A gradual redefinition of what constitutes reasonable Fourth Amendment seizure has occurred without meaningful evaluation of whether additional seizure or detention powers are needed.

“Say What? The Affordable Care Act, Medicare, and Hearing Aids.”

Harvard Journal on Legislation 53 (2016). By Mary Helen McNeal.

The failure to mandate adequate insurance coverage of hearing devices for the elderly— primarily through Medicare—is short-sighted and antiquated.

“Weapons of the Weak: The Prosecutor of the ICC’s Power to Engage the UN Security Council.”

Florida State University Law Review 44 (forthcoming 2017). By Cora True-Frost.

Investigating prosecutorial discretion in international law and how the ICC prosecutor should manage the relationship between the Court and the UN Security Council.

“The confluence of interests between victims of overbroad surveillance and cyber espionage presents an opportunity to begin developing new norms and eventual international law that could bring more rationality, predictability, and privacy protections to the cyber domain.”

—William C. Banks in Emory Law Journal

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In their recent scholarship, Syracuse University College of Law faculty are engaging some of the most pressing legal and social issues of the day—in national security, family law, elder law, immigration law, international law, and more—advancing not only the parameters of legal theory but influencing policy decisions and impacting the way the law is taught and practiced. And law journals are taking notice. Look inside for citations for articles published in Harvard Law Review, Fordham Law Review, University of Chicago Law Review, and elsewhere.